February 29

Part 2: Changes in the security environment and Japan's responses (2) Territory, sovereignty and the rule of law

The international order supported by the rule of law is facing irresistible challenges such as Russia's invasion of Ukraine. In this session, a wide range of discussions were held on how to understand, maintain, and develop the international legal order amid turmoil, focusing on the rule of law.

It was pointed out first that one of the issues that must be solved in establishing the rule of law is the establishment of rules governing double-standard behavior by states. The International Court of Justice would be one possible means of resolving disputes but, as judicial resolution can be stymied by states withholding acceptance of the Optional Clause, the International Tribunal for the Law of the Sea, which has de facto compulsory jurisdiction, was cited as a good example of a dispute resolution method based on the rule of law.

Furthermore, an arbitral award rendered in 2016 on a dispute between the Philippines and China over the South China Sea was highlighted as an example of the importance of the rule of law. It was opined that the award made it clear that high seas in which freedom of navigation should be recognized exist in the South China Sea, and that the clarification made of the nine-dash line’s meaning within this context could serve as a path toward a peaceful resolution.

In addition, it was emphasized that sanctions applied extraterritorially in the sense that they affect other states beyond their own territory must be controlled to avoid double standards. During the discussion, the novelty of sanctions against Russia being implemented by like-minded states in cooperation with other states was cited as an example of sanctions advancing international law.

In a question-and-answer session, the background to the frequent use of the concept of "rule of law" in the international community over the last 30 years was also discussed.

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